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Boswell.  ♦♦ 

- 8 260  New  York  : National  Committee  on  Prison  Labor,  ▼€  1913.  ♦♦ 

9 300  7 p.  ; Tc  26  cm.  ♦♦ 

•-  10  440  0 Prison  labor  leaflets  ; ▼v  no.  10  ** 

- 11  500  "Reprinted  from  the  Annals  of  the  American  Academy  of  Political 

and  Social  Science,  Philadelphia,  March,  1913."  ♦♦ 

’d  to  be  University  Libraries, 

)NS  ON  USE:  Reproductions  may  not  be  made  without  permission  from  Columbia  University  Libraries. 


Boswell,  Helen  Varick.  ♦♦ 

Women  and  prison  labor  ▼h  [microform]  / ^c  by  Helen  Varick 


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V 


WOMEN  AND  PRISON  LABOR 


By  Helen  Varick  Boswell,^ 

Chairman,  Committee  on  Political  Science,  General  Federation  of  Women’s  Clubs. 


The  biennial  convention  of  the  General  Federation  of  Women’s 
Clubs  at  San  Francisco,  in  June,  1912,  unanimously  passed  the  fol- 
lowing resolutions  which  were  presented  by  the  industrial  and  social 
conditions  committee : 

Whereas,  Club  women  having  discussed  throughout  the  country,  under  the 
auspices  of  the  industrial  and  social  conditions  committee,  the  problem  of  prison 
labor,  and  said  committee  having  submitted  to  careful  scrutiny  the  reports  of 
investigations  in  this  field  by  the  National  Committee  on  Prison  Labor  and  kin- 
dred local  committees: 

Resolvedy  That  the  General  Federation  of  Women’s  Clubs  declares  itself  as 
opposed  to  the  contract  system  of  prison  labor,  and  to  every  other  system  which 
exploits  his  labor  to  the  detriment  of  the  prisoner,  and  that  we  urge  upon  the  sev- 
eral states  the  advisability  of  establishing  healthy  outdoor  work  for  able  convicts, 
remedial  care  for  the  feeble  and  degenerate,  and  industrial  education  for  all  who 
have  the  potentiality  for  reform. 

And  we  further  affirm  that  the  products  of  convicts’  labor  should  be  consumed 
by  the  state,  and  that  the  profits  therefrom,  above  the  just  cost  of  his  keep, 
should  be  used  to  support  such  dependent  family  as  he  may  have. 

These  resolutions  were  not  revolutionary,  but  a natiu*al  evolu- 
tion from  the  words  which  Elizabeth  Fry  penned  a century  ago  in 
justification  of  her  experiment  in  introducing  work  into  the  prisons 
of  England: 

No  prison  can  be  considered  complete  which  does  not  afford  the  means  of 
hard  labor,  which  properly  appertains  to  a reforming  discipline  of  punishment. 
Some  remuneration  for  their  work,  even  during  their  continuance  in  confinement, 
will  be  found  to  act  as  a powerful  stimulus  to  a steady  and  persevering  industry. 
And  if  in  laboring  for  this  remuneration  the  poor  criminal  has  also  gained  posses- 
sion of  the  habit  of  industry,  and  has  learned  to  appreciate  the  sweets  of  regular 
employment,  it  is  more  than  probable  that  his  temptation  may  never  occur  again.* 

* Miss  Boswell  was  also  Chairman  Industrial  and  Social  Conditions  Committee,  General 
Federation  of  Women’s  Clubs,  1910-12,  and  Chairman  Woman’s  Department,  National  Republican 
Campaign  Committee,  1912. 

* Elizabeth  Fry,  Observations  on  the  Visiting,  Superintendence  and  Government  of  Female  PriS’ 
oners,  pp.  48-53. 

(3) 


4 


The  Annals  of  the  American  Academy 


Labor  was  thus  introduced  as  a boon,  to  supply  the  worker 
with  a few  necessities  for  sustaining  himself  tixid  those  dependent 
upon  him.  This  refonn,  which  caused  the  little  Quaker  w^oman  to 
be  hailed  as  the  greatest  philanthropist  of  her  age,  developed  into 
a more  definite  problem  as  the  industrial  revolution  took  place. 
Change  from  hand-work  to  machine-w^ork  necessitated  supplying 
both  work-houses  and  penal  institutions  with  new  devices,  so  that 
the  goods  might  compete  in  the  market.  Aga’.nst  the  introduction 
of  these  machines,  labor  brought  its  full  force,  as  part  of  the  larger 
opposition  to  the  new'  devices. 

In  the  w'ork-houses  the  labor  movement  w'as  successful,  not 
only  in  forbidding  the  use  of  machinery,  but  in  suppressing  com- 
peting industries.  In  the  f>risons  the  same  W'^is  true,  until  the  de- 
mand of  the  new'  industrial  system  for  w'orkmen  pointed  out  to 
certain  capitalists  the  pecuniary  advantage  of  securing  the  w'ork  of 
conidcts  in  return  for  supplying  machinery  and  marketing  the 
product. 

In  England,  France  and  Germany  the  conflict  W'as  quieted  by 
the  limitation  of  the  w'ork  of  comdcts  for  the  most  part  to  enter- 
prises of  the  state,  the  construction  of  ditches  and  dykes,  the  build- 
ing of  institutions  and  the  manufacture  of  state  goods.  In  the 
American  states,  prison  reformers  w'ere  so  eager  in  their  advocacy 
of  the  congregate  or  solitary  systems  of  housing  the  convicts  and 
the  building  of  costly  model  institutions  W'hich  might  be  an  example 
for  the  world,  that  it  became  difficult  to  combat  the  grow'ing  evils 
of  the  penal  industrial  system  w'ithout  placing  upon  the  taxpayer 
a very  much  larger  responsibility  than  he  w'ould  accept. 

During  this  period,  the  system  of  contracting  the  W'ork  of 
prisoners  to  business  enterprises  developed  and,  despite  the  graft 
incident  to  it,  paid  the  state  so  well  that  the  citizens  were  seldom 
taxed  for  the  maintenance  of  the  prisons.  The  conditions  in  these 
industries  W'ere  often  the  cause  of  investigations,  and  one  device 
after  another  w'as  employed  to  calm  the  wrath  of  the  labor  unions, 
to  appease  the  demands  of  the  prison  refoniKTS  for  more  humane 
treatment  of  the  prisoners,  and  at  the  same  time,  W'hile  building 
the  great  institutions,  to  trouble  as  little  as  possible  the  taxpayer. 
New'  York  State  did  aw'ay  wdth  the  contractors  in  its  prisons  and 
supplied  in  1894  a preferred  market  for  its  prison  goods  in  its  own 
institutions  and  departments.  Law's  were  also  passed  prohibiting 


Women  and  Prison  Labor  5 

any  person  from  exposing  convict  goods  for  sale  without  a license 
and  requiring  that  such  goods  be  marked  *‘Con\ict  Alade.”  A vio- 
lation of  the  branding  and  licensing  law'S  w'as  reported  to  me,  and 
as  chairman  of  the  industrial  and  child  labor  committee  of  the  New 
York  State  Federation  of  Women's  Clubs,  fearing  that  such  vio- 
lation would  tend  to  interfere  with  the  legitimate  occupations  of 
numbers  of  W'omen,  and  indirectly  force  more  children  into  work, 
I lodged  a complaint  with  the  New’  York  State  Commissioner  of 
Labor,  who  assigned  an  exj^ert  of  the  department  to  make  the 
investigation. 

The  findings  of  this  investigation  were  briefly  presented  to  the 
New  York  State  Federation  at  its  convention  in  Rochester  by  the 
Commissioner  of  Labor,  who  stated: 

That  the  competition  between  prison  labor  products  and  the  products  of 
free  labor  has  been  so  serious  as  to  result  in  a forced  lowering  of  wages  of  free  men, 
and  has  tended  either  to  drive  people  on  the  street  or  to  lower  standards  of  living; 
that  New  York  State  has  endeavored  to  erect  safeguards  against  the  baneful 
effects  of  this  competition  by  the  enactment  of  branding  and  licensing  laws; 
but  that  these  laws,  the  Supreme  Court  has  held  unconstitutional  on  the  ground 
that  the  branding  and  licensing  impaired  the  market  value  of  the  product  and  went 
beyond  the  powers  of  the  legislature,  and  that  it  violated  federal  and  state  con- 
stitutions. 

Furthemiore,  in  his  annual  report,  the  Commissioner  of  Labor 
urged  the  establishment  of  a national  committee  on  prison  labor 
which  should  undertake  to  deal  scientifically  with  the  problem  and 
to  gather  the  conflicting  forces  and  center  them  upon  a social  pro- 
gram. The  National  Committee  on  Prison  Labor  was  organized 
as  the  result  of  this  recommendation,  and  it  was  in  cooperation 
with  this  committee  that  the  General  Federation  of  Women’s  Clubs 
endorsed  the  bill  introduced  into  the  house  of  representatives  “that 
all  goods,  wares  and  merchandise  manufactured  wholly  or  in  part 
by  conA’ict  labor,  or  in  any  prison  or  refonnatory,  transported  into 
any  state  or  territory  or  remaining  therein  for  use,  consumption, 
sale  or  storage,  shall,  upon  arrir-al  and  delivery  in  such  state  or 
territory,  be  subject  to  the  operation  and  effect  of  the  laws  of  such 
state  or  tendtory  to  the  same  extent  and  in  the  same  manner  as 
though  such  goods,  wares  and  mercliandise  had  been  manufactured 
in  such  state  or  territory,  and  shall  not  be  exempt  therefrom  by 
reason  of  being  introduced  in  original  packages  or  othenvise.”  The 


6 


The  Annals  of  the  American  Academy 


passage  of  this  bill  would  simply  make  goods  introduced  from  one 
state  into  another  subject  to  the  laws  of  the  state  into  which  they 
came,  thus  making  constitutional  such  laws  as  the  New  York  brand- 
ing and  licensing  laws. 

At  the  hearing  in  Washington,  in  March,  1910,  on  this  bill, 
u-ith  Mrs.  J.  Ellen  Foster,  Mrs.  Samuel  Spencer,  Mrs.  John  Hays 
Hammond  and  others  interested  in  women  in  the  industries,  I repre- 
sented the  General  Federation  of  Women’s  Clubs,  and  drew  atten- 
tion to  the  disastrous  effects  upon  women’s  work  of  the  competi- 
tion of  prison  workers. 

Another  phase  of  the  problem  presented  itself  as  the  result  of 
further  investigation — the  problem  of  the  prisoner’s  wife  and  chil- 
dren. Illustrative  of  this  problem  are  the  following  cases; 

On  the  lower  East  Side  of  New  York  City,  a woman  and  four 
little  children  under  five  years  of  age  were  found  one  bitterly  cold 
day  last  November,  in  a practically  starving  condition,  without 
means  of  heating  the  room  and  with  only  the  thinnest  of  cotton 
garments.  The  children  were  so  young  that  it  was  impossible  for 
the  mother  to  leave  them  to  go  to  work,  so  the  little  family  was 
entirely  dependent  on  the  more  or  less  spasmodic  efforts  of  charity, 
and  it  was  doubtful  whether  the  home  could  be  kept  together  until 
the  expiration  of  the  father’s  sentence,  while  surely  in  Sing  Sing  his 
sufferings  were  less  keen  than  those  of  the  wife  and  children. 

Minnesota  legislation  provides  that  the  managing  board  of 
the  reformatory  may,  in  the  exercise  of  its  discretion,  aid  the  vfives 
and  children  of  the  inmates.  The  managing  board  has  decided, 
however,  that  the  law  does  not  authorize  it  to  furnish  support  to 
dependents  living  outside  the  state,  thus  relieving  other  jurisdictions 
from  their  obligation  to  support  their  own  poor.  Consequently 
one  of  the  prisoners  having  an  epileptic  wife  and  two  children  in 
New  Jersey  ^X^as  unable  to  afford  them  any  support. 

Nine  prisoners,  interviewed  at  random,  in  ihe  Michigan  state 
prison  all  admitted  that  they  were  married  and  had  been  earning 
at  the  time  of  conviction  amounts  varying  from  $1  per  day  to 
$2,000  per  year,  while  in  prison  the  highest  sum  earned  was  $34 
per  year;  all  had  children  under  fourteen  years  of  age.  In  seven 
cases  the  wives  were  endeavoring  to  provide  for  their  children,  their 
earnings  never  exceeding  $8  per  week  and  in  three  cases  amounting 
to  only  $2.  One  wife  was  a cripple  and  in  another  case  it  was 


L 


Women  and  Prison  Labor  7 

stated  that  the  family  w’as  dependent  on  help  provided  by  the  Poor 
Commission. 

These  are  but  a few  instances,  but  they  show  the  definite  need 
of  working  out  some  plan  whereby  the  prisoner  should  labor  while 
in  prison,  and  his  earnings  above  the  cost  of  his  keep,  should  go  to 
those  who  are  rightly  dependent  upon  him. 

Club  women  have  carried  on  the  agitation  in  many  states. 
They  have  interested  Vice-President  Marshall,  who,  in  his  campaign 
literature,  claimed  the  convict  labor  reforms  as  part  of  his  labor 
record.  They  have  interested  Governor  Cox,  of  Ohio,  one  of  whose 
first  official  acts  was  the  appointment  of  a special  commission  to 
study  certain  prison  problems;  in  Maryland,  Kentucky,  Tennessee, 
Oregon  and  Washington,  they  have  been  specially  active;  and  they 
will  continue  this  activity  until  in  all  the  states  of  the  Union  justice 
has  been  secured  for  the  free  w'orker,  the  prisoner  and  his  family. 


Ni^TIONAL  COMMITTEE  ON  PRISON  LABOR. 

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John  Williams, 

New  York  Com.  ol  Labor. 

Dr.  Stephen  S.  Wise. 

Free  Synagogue,  New  A’ork  City. 

Miss  M art  Wood.  , ^ u 

Chn.  Public  Service  Com.,  N ^ Fed.  of  Women  s Clubs,